Classifications Of A Case

Before a juvenile officer may take action on any kind of a case or referral
which is received, it is vital that the juvenile officer examine the facts
and allegations presented in the referral and classify the case as either:

(1) abuse/neglect,

(2) status or

(3) delinquency.

The reason this initial determination must be made is because different
cases require different procedures and before knowing what procedures
to follow, what time deadlines are applicable, and other important matters,
the juvenile officer must know what type of case has been referred.

In general terms, abuse denotes the commission of a wrongful
or overt act upon the victim whereas neglect implies a deprivation or
a failure to perform a duty related to the care and protection of a juvenile.

Physical
Abuse.

To prove a case of physical abuse, each of the
following elements must be proven: (1) physical injury (2) inflicted on
a child (3) other than by accidental means (4) by those responsible for
the child’s care, custody and control. Section 210.110(1), RSMo.

The important points to keep in mind about this definition
are that physical abuse requires actual physical injury. Thus,
striking a child which results in no physical injury, even if the act
seems harsh, uncalled for or is ”shocking” does not constitute
physical abuse under the statute. In addition,
discipline including spanking, administered in a reasonable manner, shall
not be construed to be abuse. Section 210.110(1),
RSMo. Finally, it is generally not necessary to
prove that the parent or caretaker actually committed the abuse upon the
child. Proof that the child was physically abused
while in the care, custody and control of the custodian is sufficient
to permit a court to assume jurisdiction. In Interest
of E.J., 741 S.W.2d 892 (Mo.App.E.D. 1987).

Sexual
Abuse.

To prove sexual abuse, there must be proof of each
of the following elements: (1) sexual abuse (2) inflicted on a child (3)
other than by accidental means (4) by those responsible for the child’s
care, custody and control. Section 210.110(1), RSMo.

The important point to note about sexual abuse, is that,
unlike physical abuse, physical injury is not required. In
fact, much sexual abuse consists of fondling or oral/genital touching
which does not leave marks, bruises or injuries.

A court is not required to wait for a child to be abused
before the court intervenes. Thus, a juvenile court
petition states a cause of action, and is sufficient to support the exercise
of jurisdiction over a child where a child is subjected to unsupervised
contact with an individual, especially a parent, who has been convicted
of sexually abusing another minor child. In Interest
of M.A.T., 934 S.W.2d 2 (Mo.App.W.D. 1996). See
also In Interest of T.B., 963 S.W.2d 252 (Mo.App.W.D. 1997).

Emotional
Abuse.

To prove a case of emotional abuse, there must
be proof of each of the following elements: (1) emotional abuse (2) inflicted
upon a child (3) other than by accidental means (4) by those responsible
for the child’s care, custody and control. Section 210.110(1), RSMo.

The important points about emotional abuse are that it usually
occurs over time and is not necessarily linked to a single act. Emotional
abuse must be established by either lay testimony of facts establishing
the emotionally abusive acts as well as the impact of the emotionally
abusive acts on the child, or by expert testimony. In
Interest of P.C., 62 S.W.3d 600 (Mo.App.W.D. 2001).

Evidence that a child had seen a doctor, was seeing a therapist,
had ”psychological issues,” and had poor hygiene when the
Children’s Division worker first saw the child is insufficient to
establish emotional abuse in a case where the mother failed to provide
the child with education provided by law. In Interest
of N.H., ED84498 (Mo.App.E.D. 2-1-2005).

At least one court has held that it is emotional abuse to
potentially further expose a child victim to the perpetrator of the sexual
abuse. In a child protection order proceeding,
the definition of abuse is substantially the same as the Chapter 210 definition.
The Western District, in Juvenile Officer v. Warner,
WD63885 (Mo.App.W.D. 2-22-2005), held that sexual abuse results in emotional
distress, and therefore, to further expose the child victim to the perpetrator
creates a reasonable probability of further sexual abuse, and therefore
a reasonable probability of further emotional abuse. In
Warner, the mother did not believe the allegations against father. The
court held there was substantial evidence supporting the order.

Neglect.

To prove a case of neglect, there must be proof
of each of the following elements: (1) failure to provide (2) by those
responsible for the child’s care custody and control (3) proper
or necessary support, education required by law, nutrition or medical,
surgical or any other care necessary for the child’s well-being.
Section 210.110(8), RSMo.

A dangerous situation is not required in order to assume
jurisdiction over a child for neglect. The only
requirement is that there is a failure to supply the child with the minimum
quality of care the community will tolerate. In
addition, a pattern of neglect is not necessary to assert jurisdiction
for protection of a child.

When faced with a potentially harmful situation, the court
need not wait until harm is done before the court can act. At
the risk of being wrong, the juvenile court is required to protect innocent
children who cannot care for themselves. The paramount
concern is the welfare of the child which supercedes the preference for
parental custody. In Interest of G.C., 50 S.W.3d
408 (Mo.App.E.D. 2001).

In addition, the trial court may take jurisdiction over a
child for past neglect even if there is no evidence of current neglect.
For example, evidence showing compliance during
a following school year is irrelevant where the petition alleges educational
neglect for the previous school year. In Interest
of J.B., 58 S.W.3d 575 (Mo.App.E.D. 2001).

Jurisdiction may also be properly assumed for neglect where
the mother suffers from a mental illness which adversely affects her ability
to parent a premature child. In Interest of N.B.,
64 S.W.3d 907 (Mo.App.S.D. 2002).

Jurisdiction is also properly assumed for neglect where a
parent demonstrates erratic behavior as a result of the use of illegal
drugs. In Interest of B.T.O., 91 S.W.3d 745 (Mo.App.W.D.
2002).

Inadequate supervision can result in an administrative finding
of neglect under the child abuse/neglect hotline law and therefore, it
follows that inadequate supervision would also serve as a ground for assuming
jurisdiction over a child for neglect. Jane Doe
v. Department of Social Services, 71 S.W.3d 648 (Mo.App.E.D. 2002).

Substantial evidence supported a finding of neglect in a
de novo review proceeding from a finding of neglect
by the Child Abuse and Neglect Review Board after a hotline where a juvenile
officer failed to give proper assistance to a juvenile who had been discovered
to have attempted suicide and was found hanging by his neck. Vaughn
v. Missouri Department of Social Services, ED84172 (Mo.App.E.D. 4-19-2005).

Section 211.031.1(1), RSMo characterizes
certain types of proceedings in which the juvenile court has exclusive
original jurisdiction. The first type is where
the parents or other parents legally responsible for the care and support
of the child or persons 17 years of age neglect or refuse to provide proper
support, education which is required by law, medical, surgical or other
care necessary for his or her well being. Reliance
by a parent, guardian or custodian upon remedial treatment other than
medical or surgical treatment for a child or person 17 years of age shall
not be construed as neglect when the treatment is recognized or permitted
under the laws of this state.

Another type of case in which the juvenile court has exclusive
original jurisdiction is where the child or person 17 years of age is
otherwise without proper care, custody or support.

Another type of neglect cognizable by Section 211.031.1(1),
RSMo is where the child or person 17 years of age was living in a room,
building or other structure at the time such dwelling was found by a court
of competent jurisdiction to be a public nuisance pursuant to Section
195.130, RSMo.

The final type of case cognizable under the abuse/neglect
provisions of Section 211.031 is a case where the child or person 17 years
of age is in need of mental health services, and the parent is unable
to provide access to appropriate mental health services. This
section allows juvenile court intervention and assumption of jurisdiction
in a case where the parent is unable to provide access to appropriate
mental health services and the child or person 17 years of age is in need
of such mental health services. Section 211.031.1(1)(d),
RSMo.

Status
Offenses.

There are only five status offenses in Missouri
law. They are defined in Section 211.031.1(2)(a)-(e),
RSMo. They are (1) truancy, (2) incorrigible, (3)
runaway, (4) behavior/association injurious and (5) offenses applicable
only to children.

Truancy.

To prove truancy, each of the following elements
must be proven: (1) child (2) while subject to compulsory school attendance
(3) is repeatedly (4) and without justification (5) absent from school.
Section 211.031.1(2)(a), RSMo.

Compulsory school attendance is governed by Section 167.031,
RSMo. A parent or guardian is required to enroll
his child in school if the child is between the ages of 7 and 16 years.
A child enrolled as early as age 5 is also subject
to the compulsory school attendance law. There
are certain exceptions to the compulsory attendance law contained in section
167.031(1), (2) or (3), RSMo. Those exceptions
generally relate to mentally or physically incapacitated children, children
between 14 and 16 years of age when legal employment has been obtained
and the child is excused by the superintendent, and where a child between
5 and 7 years of age has been dropped from the school’s rolls as
a result of a written request by the parent or guardian.

Incorrigible.

To prove a case of incorrigibility, there must
be proof of each of the following elements: (1) child (2) disobeys reasonable
and lawful directions (3) of his parents or other custodian (4) and is
beyond their control. Section 211.031.1(2)(b), RSMo.

Runaway.

To prove runaway, there must be proof of each of
the following elements: (1) child (2) is habitually absent from his home
(3) without sufficient cause, permission or justification. Section 211.031.1(2)c),
RSMo.

Behavior/Association
Injurious.

To prove this status offense, there must be proof
of each of the following elements: (1) behavior or association (2) of
the child (3) are otherwise injurious to his welfare or to the welfare
of others. Section 211.031.1(2)(d), RSMo.

Offenses
Applicable Only to Children.

To prove this status offense, there must be proof
of each of the following elements: (1) child (2) is charged with an offense
not classified as criminal (3) or with an offense applicable only to children.
Section 211.031.1(2)(e), RSMo.

Delinquency.

The term delinquency refers to the commission of
acts which would be crimes if those acts were committed by adults. To
prove commission of a crime by a juvenile, the juvenile officer is required
to prove each and every element of the offense to the same standard of
proof as the state would be required to do if an adult were charged with
the same offense. Section 211.031.1(3), RSMo.